Crimes Act 1900

This section applies to an offence against any of the following provisions:

section 51 (Sexual assault in the first degree);

section 52 (Sexual assault in the second degree);

section 53 (Sexual assault in the third degree);

section 54 (Sexual intercourse without consent);

section 55 (Sexual intercourse with young person);

section 57 (Act of indecency in the first degree);

section 58 (Act of indecency in the second degree);

section 59 (Act of indecency in the third degree);

section 60 (Act of indecency without consent);

section 61 (Acts of indecency with young people);

section 61B (Intimate observations or capturing visual data etc);

section 63 (Abduction);

section 64 (Using child for production of child exploitation material etc);

section 64A (Trading in child exploitation material);

section 65 (Possessing child exploitation material);

section 66 (Grooming and depraving young people);

section 66AB (Making false report about child sexual offence).

The offence is an aggravated offence if the offence involves family violence.

If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.

To remove any doubt—

it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence, unless the chapter applied to the offence before the commencement of this section.

The Criminal Code does not apply to offences against this part that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code, s 8).

In this section:

The following sections also provide that particular offences involving family violence are aggravated offences:

s 48C (Aggravated offences—pt 2 offences involving family violence);

s 72EA (Aggravated offences—pt 3A offences involving family violence);

s 116 (Destroying or damaging property).